Chapter 12. Housing

SOUTH PORTLAND CODE

HOUSING*

ARTICLE I. IN GENERAL

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

ARTICLE III. RESPONSIBILITIES OF OWNERS AND OCCUPANTS GENERALLY

ARTICLE IV. ROOMING HOUSES*

ARTICLE V. PLUMBING*

ARTICLE VI. LIGHT, VENTILATION AND HEATING*

ARTICLE VII. GENERAL SPACE, USE AND OCCUPANCY STANDARDS

ARTICLE VIII. INSECT, RODENT AND VERMIN CONTROL*

ARTICLE IX. HOUSING SECURITY

ARTICLE X. HOUSING AFFORDABILITY

SOUTH PORTLAND CODE

SOUTH PORTLAND CODE OF ORDINANCES

Chapter 12

HOUSING*

------* Editor's note--Ch. 12 is basically derived from Title 5 of the 1966 Revised Ordinances of the city. In the inclusion of said title, the editors in several instances redesignated and renumbered articles and relocated provisions for purposes of classification, revised catchlines and catchphrases in order to facilitate indexing, reference and use and changed "ordinance" to "chapter" or "article" where appropriate. Cross reference(s)--Housing appeal board, § 2-96 et seq.; housing inspector's duties relative to enforcement of the garbage and refuse chapters, §§ 9-4, 9-5; zoning, Ch. 27. ------

Art. I. In General, §§ 12-1--12-30 Art. II. Administration and Enforcement, §§ 12-31--12-68 Art. III. Responsibilities of Owners and Occupants Generally, §§ 12-69--12-95 Art. IV. Rooming Houses, §§ 12-96--12-119 Art. V. Plumbing, §§ 12-120--12-145 Art. VI. Light, Ventilation and Heating, §§ 12-146--12-174 Art. VII. General Space, Use and Occupancy Standards, §§ 12-175--12-197 Art. VIII. Insect, Rodent and Vermin Control, §§ 12-198--12-201 Art. IX. Housing Security Art. X. Housing Affordability

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ARTICLE I. IN GENERAL

Sec. 12-1. Definitions.

As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section.

Affordable housing: Dwelling units for which the percentage of income a household is charged in rent and other household expenses, or must pay in monthly mortgage payments (including insurance and taxes), does not exceed 30% of a household’s income.

Easement: That portion of a building next below the ground floor or basement having not much more than one-half (1/2) its clear height below the adjoining grade.

Cellar: That portion of a building next below the ground floor or basement having more than one-half (1/2) its clear height below the adjoining grade.

Discrimination: The unjust or prejudicial treatment of different categories of people, when those categories are protected from discrimination by municipal, state and federal law, including, but not limited to, categories based on race, color, religion, sex, sexual orientation, familial status. Ancestry, national origin, age, physical or mental disability, and based on receipt of public assistance, as provided in 5 M.R.S. § 4581-A, as amended from time to time.

Dwelling: Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

Dwelling premises shall mean the land and auxiliary buildings thereon used or intended to be used in conjunction with a dwelling.

Dwelling unit: Any room or group of rooms located within a dwelling and forming a single habitable unit including food preparation, living, sanitary and sleeping facilities used or intended to be used by two (2) or more persons living in common or by a person living alone.

Extermination: The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the health officer.

Garbage: Shall mean residential offal, household garbage and kitchen waste.

Habitable room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes excluding bathrooms, water closet compartments, laundries, pantries, game rooms, foyers or communicating corridors and permanent built-in closets and storage spaces.

Health officer: The legally designated health authority of the City of South Portland, or his authorized representative.

Infestation: The presence or evidence of the presence, within or around a dwelling, of any insects, rodents or other pests.

Landlord: An owner, manager, lessee, sublessee, managing agent or other person having the right to rent or sell or manage any dwelling unit or rental property or any agent of these individuals or entities.

Multiple dwelling: Any dwelling containing more than two (2) dwelling units.

Neighborhood activity centers. Relatively small areas where local residents can easily walk to gather, shop, dine, or purchase services. They are characterized by a mix of residential and such non-residential uses as office, retail, commercial, entertainment, and personal services, and are distinct from business hubs that draw

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Occupant: Any person over one year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

Operator: Any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let.

Ordinary minimum winter conditions: Minus twenty (20) degrees Fahrenheit.

Owner: Any person who, alone or jointly or severally with others:

(1) Has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2) Has charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner

Person: Any individual, firm, corporation, association or partnership.

Plumbing: All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath tubs, shower baths, installed clotheswashing machines, catch basins, drains, vents and other similar supplied fixtures, together with all connections to water, sewer or gas lines.

Refuse shall mean an accumulation of any putrid substance, garbage, rubbish, old lumber, debris, rubble, abandoned appliances or abandoned household furniture.

Rooming house: Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to four (4) or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.

Rooming unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Supplied: Paid for, furnished, installed or provided by or under the control of the owner or operator.

Temporary housing: Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system.

Tenant: An individual, individuals, an entity, entities, a lessee or sublessee, or other person having the right to rent any dwelling unit or rental property or any agent of these individuals or entities. This definition includes a tenant at will as described in 14 M.R.S. § 6002, as amended from time to time.

(Code 1966, §§ 5-1--5-1-21; Ord. No. 9-70, § 3-16-70; Ord. No. 19-72, 9-6-72; Ord. No. 3-17/18, 8/7/17 [Fiscal Note: Less than $1,000])

Sec. 12-2. Construction of certain words.

Whenever the words "dwelling" and "dwelling premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

(Code 1966, § 5-1-22)

Sec. 12-3. Scope of chapter.

This chapter contains provisions establishing minimum standards governing the

SOUTH PORTLAND CODE condition and maintenance of dwellings; establishing minimum standards governing supplied utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; establishing minimum standards governing the condition of dwellings offered for rent; fixing certain responsibilities and duties of owners and occupants of dwellings; authorizing the inspection of dwellings; and condemnation of dwellings unfit for human habitation; and fixing penalties for violation.

(Code 1966, Title 5)

Sec. 12-4. Effect of chapter on other ordinances.

This chapter shall not interfere with, abrogate, annul or repeal any ordinance of the city, provided that where this chapter imposes greater restrictions than any other ordinance of the city its provisions shall control.

(Code 1966, § 5-13-2)

Sec. 12-5. Responsibility for compliance with chapter not transferable.

No contract or agreement between owner and/or operator and occupant relating to compliance with the terms of this chapter shall be effective in relieving any person of responsibility for compliance with the provisions of this chapter as set forth herein.

(Code 1966, § 5-13-4; Ord. No. 19-72, 9-6-72)

Sec. 12-6. Compliance with maintenance standards prerequisite to occupancy of dwelling or dwelling unit.

No person shall occupy as owner or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements relating to the safe and sanitary maintenance of parts of dwellings and dwelling units:

(1) Foundations, floors, walls, ceilings, roofs to be weatherproof, rodentproof, capable of affording privacy and properly maintained. Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight and rodentproof; shall be capable of affording privacy; and shall be kept in good repair.

(2) Windows, doors, hatchways to be weatherproof, rodentproof and properly maintained. Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be kept in sound working condition and good repair.

(3) Construction, maintenance of stairways, porches. Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

(4) Stairways to have handrails. Every stairway four (4) feet or more in height shall have a safe and proper handrail.

(5) Railings or parapets around porches, balconies, roofs. Railings or parapets shall be provided around porches that are higher than thirty (30) inches above ground level, balconies, roofs used for egress or tenancy purposes and/or similar places. Such protective railings or parapets shall be properly balustered and be not less than three (3) feet in height.

(6) Construction, maintenance of bathroom and water-closet floors. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(Code 1966, §§ 5-7-1--5-7-1.3)

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Sec. 12-7. Removal of required services, facilities, equipment, utilities.

No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the health officer.

(Code 1966, § 5-7-2)

Sec. 12-8. Egress from dwelling units.

Every dwelling unit shall have one or more approved means of egress with minimum head room of six (6) feet six (6) inches leading to safe and open space at ground level, and every dwelling unit in a multiple dwelling shall have immediate access to two (2) or more appropriate and approved means of egress with minimum head room of six (6) feet six (6) inches leading to safe and open space at ground level, as required by the laws of the state and the ordinances of the city.

(Code 1966, § 5-5-3; Ord. No. 19-72, 9-6-72)

Sec. 12-9. Service for collection, removal and disposal of refuse.

For provisions relative to establishing and maintaining a service for the collection, removal and disposal of refuse within the boundaries of the city, see chapter 9 of this Code.

(Code 1966, § 5-4-1; Ord. No. 9-70, 3-16-70)

Secs. 12-10--12-30. Reserved.

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ARTICLE II. ADMINISTRATION AND ENFORCEMENT

Sec. 12-31. Violations a misdemeanor; general penalty.

(a) Any person violating any of the provisions of this chapter for which no penalty is provided or failing to comply with any lawful order or direction of the health officer in the enforcement of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each day of such violation.

(b) Notwithstanding the above penalties, the penalty provisions of section 1-8 shall govern.

(Code 1966, §§ 5-13-1, 5-13-1.1; Ord. No. 7-70, 3-16-70) ------Editor's note--Subsection 12-31(b) was rewritten to provide for the application of the penalty provisions of § 1-8 of this Code. ------

Sec. 12-32. Health officer to give notice of alleged violations; notice requirements.

(a) Whenever the health officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.

(b) Such notice:

(1) Shall be put in writing;

(2) Shall include a statement of the reasons why it is being issued;

(3) Shall allow a reasonable time for the performance of any act it requires;

(4) Shall be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if he is served with such notice by any other method authorized or required under the laws of this state;

(5) May contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.

(Code 1966, §§ 5-10-1--5-10-1.5)

Sec. 12-33. Hearing before health officer authorized; petition; notice of hearing; postponement; rights of petitioner at hearing.

(a) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the health officer, provided that such person shall file in the office of the health officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the days the notice was served.

(b) Upon receipt of the petition, the health officer shall set a time and place for the hearing, not later than ten (10) days after the day on which the petition was filed and shall give the petitioner notice thereof in the manner prescribed in section 12-32.

(c) Upon application of the petitioner the health officer may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.

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(d) At the hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

(Code 1966, § 5, 5-10-2)

Sec. 12-34. Power of health officer to sustain, modify, withdraw notice at hearing; when notices become orders.

(a) After a hearing held pursuant to this article, the health officer shall sustain, modify or withdraw the notice of violation, depending upon his findings as to the compliance with the provisions of this chapter.

(b) If the health officer sustains or modifies the notice of violation, it shall be deemed to be an order. Any notice served pursuant to section 12-32 shall automatically become an order if a written petition for a hearing is not filed in the office of the health officer within ten (10) days after such notice is served.

(Code 1966, § 5-10-3)

Sec. 12-35. Record of proceedings at hearing.

The proceedings at a hearing held pursuant to this article, including the findings and decision of the health officer, shall be recorded and entered as a matter of public record in the office of the health officer. Such record shall also include a copy of every notice or order issued in connection with the matter.

(Code 1966, § 5-10-4)

Sec. 12-36. Authority to appeal health officer's order.

Any person aggrieved by an order of the health officer may appeal to the superior court in accordance with the Maine Rules of Civil Procedure.

(Code 1966, § 5-10-6; Ord. No. 17-76, 7-19-76)

Sec. 12-37. Restriction on disposition of property subject to order; penalty.

(a) It shall be unlawful for the owner of any dwelling, dwelling unit, rooming house, rooming unit and premises against which any lawful order has been issued by the health officer pursuant to this article to sell, transfer or otherwise dispose thereof to another, unless he shall first furnish to the grantee prior to transfer thereof, a true copy of any order issued by the health officer and at the time notify the health officer in writing of the intent to transfer either by delivering the notice to the health officer and receiving a receipt therefor, or by registered mail, return receipt requested, giving the name and address of the person to whom the transfer is proposed.

(b) In the event of any violation of the terms of this section, the grantor shall be subject to a penalty of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) in addition to any penalties imposed for failure to comply with any lawful order of the health officer.

(Code 1966, § 510-5)

Sec. 12-38. Health officer to make inspections.

The health officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises located within this city in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.

(Code 1966, § 5-2-1)

Sec. 12-39. Right of entry to make inspections.

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For the purpose of making inspections authorized and directed by section 12-38, the health officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units and premises.

(Code 1966, § 5-2-2)

Sec. 12-40. Owner or occupant to give access to health officer to make inspection.

The owner or occupant of every dwelling, dwelling unit, rooming house and rooming unit, or the person in charge thereof, shall give the health officer free access to such dwelling, dwelling unit, rooming house or rooming unit and premises at all reasonable times for the purpose of inspection, examination and survey.

(Code 1966, § 5-2-3)

Sec. 12-41. Occupant to give access to owner to make repairs, alterations.

Every occupant of a dwelling, dwelling unit, rooming house and rooming unit shall give the owner thereof; or his agent or employees, access to any part of such dwelling, dwelling unit, rooming house, rooming unit or premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant to the provisions of this chapter.

(Code 1966, § 5-2-4)

Sec. 12-42. Dwellings may be declared unfit for human habitation and placarded when certain defects found.

Any dwelling, dwelling unit, rooming house or rooming unit which is found to have any of the following defects may be declared unfit for human habitation and may be so designated and placarded by the health officer where:

(1) Existence of deteriorated conditions. The interior or exterior walls, foundation, doors, windows, floors, stairs, roof or any other portion of any dwelling, dwelling unit, rooming house or rooming unit are so deteriorated, broken, damaged or in such state of disrepair as to cause conditions detrimental to life and health;

(2) Lack of toilet facilities. The lack of toilet facilities creates a nuisance and health hazards;

(3) Plumbing inadequacies. The plumbing, plumbing fixtures, septic tanks or other waste disposal facilities are in such condition as to create a nuisance or a health hazard;

(4) Overcrowding. Serious or dangerous overcrowding of persons in sleeping rooms or space creates a hazard to health;

(5) Rodent or vermin infestation. Rodent or vermin infestation within the building may result in contamination of food or other health hazards;

(6) Inadequate or contaminated water supply. No adequate water supply is available, or the available supply is subject to such contamination as may cause a health hazard;

(7) Infectious or communicable disease. An infectious or communicable disease exists therein, and, as a result thereof, reasonable isolation and disinfection procedures cannot be followed due to lack of sanitary facilities or overcrowding;

(8) Other conditions. Other conditions are present which are or may become detrimental to health.

(Code 1966, §§ 5-11-1--5-11-1.8)

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Sec. 12-43. Authority to order corrective action or vacation of premises when health menace exists; placarding generally.

(a) In instances where the health officer determines that extreme danger or menace to the occupants or the public health exists, he may order immediate correction to be made or, if the circumstances warrant, may order the vacation of the occupants.

(b) If any person so notified neglects or refuses to comply with an order of the health officer, the health officer may then declare the premises unfit for human habitation by issuing to the occupants and the owner or operator a written order to vacate the premises within such time as he may deem reasonable, and a placard prohibiting continued occupancy or reoccupancy may be conspicuously posted on the premises.

(c) To placard, the health officer shall issue to the occupants and the owner or operator a written notice to vacate the premises within such time as the health officer may deem reasonable, and a placard prohibiting continued occupancy or reoccupancy may be conspicuously posted on the premises.

(Code 1966, § 95-10-7, 5-10-10; Ord. No. 17-76, 7-19-76)

Sec. 12-44. Reserved.

------Editor's note--Ord. No. 17-76, enacted July 19, 1976, redesignated § 12-44(b) as § 12-43(c) and repealed § 12-44(a), relative to appeals to the housing board of appeals. ------

Sec. 12-45. Duty to render property condemned as unfit for human habitation safe and secure.

In the event the owner or operator of any property which has been condemned as unfit for human habitation does not proceed to make the necessary corrections to bring the property into compliance with the provisions of this chapter, such owner or operator shall proceed to make said property safe and secure so that no danger to life or property or fire hazard shall exist.

(Code 1966, § 5-11-1.9; Ord. No. 19-72, 9-6-72)

Sec. 12-46. When condemned dwelling may again be used for human habitation; when health officer to remove placard.

(a) No dwelling, dwelling unit, rooming house or rooming unit which has been placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the health officer.

(b) The health officer shall remove such placard whenever the defects upon which the placarding action is based have been eliminated.

(Code 1966, § 5-10-8)

Sec. 12-47. Removing or defacing placard prohibited.

No person shall deface or remove a placard placed pursuant to this article from any dwelling, dwelling unit, rooming house or rooming unit which has been declared unfit for human habitation except as otherwise provided in this article.

(Code 1966, § 5-10-9)

Secs. 12-48--12-68. Reserved.

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ARTICLE III. RESPONSIBILITIES OF OWNERS AND OCCUPANTS GENERALLY

Sec. 12-69. Cleanliness of dwelling units, public areas.

(a) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.

(b) Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

(c) Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.

(Code 1966, § 5-12-1)

Sec. 12-70. Screens, storm doors and windows.

(a) The owner of a dwelling or dwelling unit shall be responsible for providing adequate screens and storm doors and windows wherever the same are required under the provisions of this chapter.

(b) Every occupant of a dwelling or dwelling unit shall be responsible for hanging adequate screens and storm doors and windows whenever the same are required under the provisions of this chapter except where the owner has agreed to supply such service.

(Code 1966, §§ 5-12-2.1, 5-12-2.2)

Sec. 12-71. Plumbing insulation.

It shall be the duty of the owner to provide adequate insulation or other means of protection of all plumbing within a dwelling unit so as to prevent the plumbing from freezing under ordinary minimum winter conditions.

(Code 1966, § 5-12-3)

Sec. 12-72. Adequate heat to be maintained in dwelling unit.

It shall be the duty of the occupant to maintain adequate heat in the dwelling unit at all times to prevent freezing of the plumbing.

(Code 1966, § 5-12-4)

Sec. 12-73. Compliance with provisions pertaining to collection, removal and disposal of refuse required.

The owners and occupants of dwellings or dwelling units shall conform to the provisions of chapter 9 of this Code pertaining to the collection, removal and disposal of refuse within the boundaries of the city.

(Code 1966, § 5-12-5; Ord. No. 9-70, 3-16-70)

Sec. 12-74. Extermination of vermin, rodents and insects.

(a) Whenever infestation of vermin or rodents is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonably insectproof condition, the responsibility for extermination shall fall upon the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. (b) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests

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therein or on the premises.

(Code 1966, §§ 5-12-6.1, 5-12-6.2)

Secs. 12-75--12-95. Reserved.

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ARTICLE IV. ROOMING HOUSES*

------* Cross reference(s)--Disposition of rooming house subject to order of health officer, § 12-37; inspection of rooming houses, §§ 12-38--12-40; occupant of rooming house to give access to owner to make repairs and alterations, § 12-41; declaring rooming houses unfit for habitation, §§ 12-42--12-44; use of rooming house following declaration, § 12-46; water supply required, § 12-121(4). ------

Sec. 12-96. Operator's general responsibility for sanitary maintenance.

The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

(Code 1966, § 5-9-1)

Sec. 12-97. Compliance with standards prerequisite to operation or occupancy.

No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house which does not comply with the following requirements:

(1) Water closet, bath and shower requirements. At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the plumbing inspector and in good working condition, shall be supplied for each eight (8) persons, or fraction thereof, residing within a rooming house, including members of the operator's family wherever they share the use of the said facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one- half ( 1/2) the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the health officer.

(2) Floor space requirements for sleeping rooms. Every room occupied for sleeping purposes by one person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor space for each occupant thereof.

(Code 1966, §§ 5-9-2--5-9-2.2)

Sec. 12-98. Linen requirements.

The operator of every rooming house shall change supplied bed linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

(Code 1966, § 5-9-3)

Secs. 12-99--12-119. Reserved.

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ARTICLE V. PLUMBING*

------* Cross reference(s)--Owner of dwelling unit to provide insulation of plumbing fixtures, § 12-71; plumbing, Ch. 20. ------

Sec. 12-120. Proper installation and maintenance required.

All plumbing shall be properly installed and maintained in a good sanitary working condition, free from defects, leaks and obstructions.

(Code 1966, § 5-3-1)

Sec. 12-121. Compliance with requirements prerequisite to occupying or letting dwelling or dwelling unit.

No person shall occupy as owner or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:

(1) Kitchen sink required. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the plumbing inspector.

(2) Flush water closet and lavatory basin required. Every dwelling unit shall contain, within a room which affords privacy, a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the plumbing inspector.

(3) Bathtub or shower required. Every dwelling unit shall contain, within a room which affords privacy, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the plumbing inspector.

(4) Water supply. Every dwelling, dwelling unit, and rooming house, or combination of the same, shall be provided with a potable water supply. Every kitchen sink, lavatory basin, and bathtub or shower required by this article shall be properly connected with hot and cold water lines with adequate supply and pressure. The hot water lines shall be connected with water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of water at a temperature of one hundred twenty (120) degrees Fahrenheit or above to be drawn at every required fixture at all reasonable times.

(Code 1966, §§ 5-3-2--5-3-2.4; Ord. No. 19-72, 9-6-72)

Sec. 12-122. Accessibility of bathtub, water closet or shower.

The water closet and bathtub or shower compartment for each dwelling unit shall be accessible from within the building without passing through any part of any other dwelling unit.

(Code 1966, § 5-3-3)

Sec. 12-123. Drains.

Every sink, tub, shower, toilet or other plumbing fixture in a building used for habitation shall be provided with a proper and unobstructed drain which discharges into a sewage system outside the building, and said fixtures and drains shall be maintained by the owner in a sanitary working condition at all times.

(Code 1966, § 5-3-1.5)

Sec. 12-124. Use of underground water-borne sewage treatment.

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Where connection to a public sewer is not practicable, a dwelling unit shall be served by an underground water-borne sewage treatment system approved by the plumbing inspector and maintained in a proper manner.

(Code 1966, § 5-3-4)

Secs. 12-125--12-145. Reserved.

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ARTICLE VI. LIGHT, VENTILATION AND HEATING*

------* Cross reference(s)--Duty to provide and install windows in dwellings and dwelling units, § 12-70. ------

Sec. 12-146. Compliance with article prerequisite to occupying or letting dwelling or dwelling unit.

No person shall occupy as owner or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this article.

(Code 1966, §§ 5-5-1, 5-5-2)

Sec. 12-147. Minimum window and skylight area for habitable rooms.

Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area for every habitable room shall be ten per cent (10%) of the floor area of any such room. Whenever walls or other portions of structures face a window or any such room and such light obstruction structures are located less than three (3) feet from the window and extend to a level above that of the window of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal fifteen per cent (15%) of the total floor area of such room.

(Code 1966, § 5-5-1.1)

Sec. 12-148. Openable window area in habitable rooms.

Every habitable room shall have at least one window or skylight which can be easily opened. The total openable window area in every habitable room shall be equal to at least forty-five per cent (45%) of the minimum window area or minimum skylight area, as required in section 12-147, except where there is supplied some other device affording adequate ventilation and approved by the health officer.

(Code 1966, § 5-5-1.2)

Sec. 12-149. Light, ventilation requirements for bathrooms and water closets.

Every bathroom and water closet compartment shall be well lighted and ventilated. Three (3) foot candles of light (three (3) lumens per square foot) shall be provided by either natural or artificial means and shall be available at all times. Such light shall be measured thirty-six (36) inches from the floor at the center of the room. Every bathroom and water closet compartment shall have at least one window or skylight which can be easily opened. The total openable window area shall be equal to at least forty-five per cent (45%) of the minimum window area or minimum skylight area as required in section 12-147. Such window area requirements of this section may be waived provided that there is an installed mechanical ventilation system approved by the health officer.

(Code 1966, § 5-5-1.3)

Sec. 12-150. Electric outlet requirements.

Where there is electric service available from power lines which are not more than three hundred (300) feet away from a dwelling, every habitable room shall contain at least two (2) separate wall type electric convenience outlets or one such convenience outlet and one ceiling or wall type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in accordance with the American Insurance Association (successor to the National Board of Fire Underwriters). No temporary wiring shall be used except extension cords which

SOUTH PORTLAND CODE run directly from portable electric fixtures to convenience outlets, and which do not lie under rugs or other floor coverings, nor extend through doorways, transoms or other openings through structural elements.

(Code 1966, § 5-5-1.4)

Sec. 12-151. Passageway and staircase lighting requirements.

Every portion of any passageway or staircase common to two (2) or more dwelling units in a building used for human habitation shall be illuminated naturally or artificially at all times with an illumination of at least two (2) foot candles (two (2) lumens per square foot) in the darkest portion of the normally traveled stairs and passageways. Such means of illumination in dwellings of three (3) dwelling units or less with a common passageway may be controlled by switches that may be turned on as needed.

(Code 1966, § 5-5-1.5)

Sec. 12-152. Required heating equipment.

Every dwelling unit shall have heat generating equipment properly installed and capable of safely heating all rooms except those used exclusively for sleeping purposes to a temperature of at least seventy (70) degrees Fahrenheit measured at a distance of thirty-six (36) inches above the floor level, under ordinary minimum winter conditions. The requirements of this section shall not apply to dwelling units used solely for seasonal occupancy during the months of March through October.

(Code 1966, § 5-5-2.1)

Sec. 12-153. Venting requirements when heat not furnished by central heating.

When heat is not furnished by a central heating plant, each dwelling unit shall be provided with one or more masonry flues and smoke or vent pipe connections or approved equal arrangement to vent satisfactorily and safely any heating unit.

(Code 1966, § 5-5-2.2)

Secs. 12-154--12-174. Reserved.

SOUTH PORTLAND CODE

ARTICLE VII. GENERAL SPACE, USE AND OCCUPANCY STANDARDS

Sec. 12-175. Compliance with standards prerequisite to occupying or letting dwelling unit.

No person shall occupy or let to another for occupancy any dwelling unit, for the purpose of living therein, which does not comply with the following requirements for space, use and occupancy:

(1) Floor space requirements. Every dwelling unit shall contain at least one hundred (100) square feet of floor area per occupant. Every sleeping room or room used for sleeping purposes shall contain a minimum of seventy (70) square feet of floor area and at least fifty (50) square feet of habitable room area; provided that the occupancy of any dwelling unit having more than one habitable room shall not exceed an average of one and one-half (1 1/2) persons per habitable room; and provided further that for the purposes of this section, a child under ten (10) years of age shall be deemed to be one-half ( 1/2) person.

(2) Ceiling heights. At least one-half (1/2) of the floor area of every habitable room shall have a ceiling of at least seven (7) feet; and the floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

(3) Use of cellars restricted. No cellar space shall be used as a habitable room or dwelling unit.

(4) Use of basement restricted. No basement space shall be used as a habitable room or dwelling unit unless the floors and walls are free from chronic dampness and protected from surface runoff.

(Code 1966, §§ 5-6-1--5-6-1.4)

Sec. 12-176. Temporary housing.

No temporary housing shall be used without the written permission of the health officer.

(Code 1966, § 5-6-2)

Secs. 12-177--12-197. Reserved.

SOUTH PORTLAND CODE

ARTICLE VIII. INSECT, RODENT AND VERMIN CONTROL*

------* Cross reference(s)--Rodent control generally, § 10-18 et seq.; responsibility of owner and occupant of dwelling to maintain such dwelling in a rodentproof or reasonably insectproof condition, § 12-74. ------

Sec. 12-198. Health officer may require extermination, rodentproofing.

Rodent or vermin extermination and rodentproofing may be required by the health officer.

(Code 1966, § 58-1)

Sec. 12-199. Dwellings to be free of insects, rodents, vermin.

Every dwelling shall be free from insects, rodents or vermin.

(Code 1966, § 5-8-1)

Sec. 12-200. Responsibility for extermination.

Responsibility for extermination required by this article shall be as set forth in section 12-74.

(Code 1966, § 5-8-3)

Sec. 12-201. Screening requirements.

During that portion of each year when the health officer deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device, and every window or other device with openings to outdoor space, used for ventilation, shall likewise be supplied with screens. In every basement or cellar at least one window, and every opening used for ventilation which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

(Code 1966, § 5-8-2)

Sec. 12-202—12-219. Reserved